Drugged and drunk driving could be tough to prove in case of Stoughton fatal pedestrian accident

Karen Blau was arrested after a fatal pedestrian accident that killed a pregnant woman when she failed field sobriety tests, according to the police report, but her attorney, James Gavigan, says she wasn’t on drugs or drunk.

Prosecutors may find it tough to prove Karen Blau was under the influence of drugs and alcohol when she drove her car in reverse into a pregnant Stoughton woman, killing her, a local defense attorney said Tuesday.

“OUI-drug cases are very difficult to prove because more often than not, they aren’t going to be able to show what was taken and they’re not going to be able tell if she had an excessive amount,” said Brockton defense attorney Joseph Krowski Jr., who is not representing Blau.

Blau, 46, of Sharon, was arrested at the scene of the accident Sunday night after she failed several field sobriety tests, including tests done by Lt. John Bonney, a certified drug recognition expert called to the scene, law enforcement reports said.

But her attorney, James Gavigan, said she wasn’t on drugs or drunk. He said she was “under duress” because she was looking for her 23-year-old daughter, who had been missing for several days.

“She was in no condition to do those tests,” said Gavigan. “After the shock of hitting someone, I don’t know who could do (field sobriety tests).”

Blau was described as glassy-eyed, walking in a zig-zag, slurring her words and unable to stand on one leg for more than eight seconds following the accident that killed 35-year-old Joanne White, according to law enforcement.

White was walking with her 11-year-old son to her parents’ home on the sidewalk and saved him when she told him to run as Frau’s car careened toward them, officials have said. White, 31/2 months pregnant, was fatally struck by the car.

Blau identified herself to police as the driver of the brown Buick that sped out of control in reverse across the street and onto the sidewalk, a police report filed in Stoughton District Court said.

Lt. Bonney is trained as a drug recognition expert to identify whether persons are under the influence of drugs, using a 12-step evaluation process. Evaluating a person for alcohol is a three-step process.

“It’s based in science,” said Bonney. “It’s not made up.”

The evaluation includes observing the person and taking his or her pulse, checking temperature and for dilation of the pupils, said Bonney, who spoke generally about the process but couldn’t discuss the specifics of Blau’s pending case.

According to the police report, when Blau was asked if she had been drinking, she said she “hadn’t drank in five years,” but later told police she had been drinking wine but “didn’t consider that alcohol,” according to the report.

Blau registered a .04 blood alcohol level at the scene and then registered a .06 at the station later in the night, according to the report. The legal limit in Massachusetts is .08.

Page 2 of 2 - When police asked if she had taken drugs, she said yes, two Percocet, a painkiller, that she takes every day, the report states.

The officer asked her if she took the pills for pain and Blau said no, she took them because “I’m a woman and we get emotional,” according to the police report.

Gavigan asserts Blau, who had major leg surgery in May, meant to say she takes two Prozac, an anti-depressant, daily.

Generally, using multiple drugs or a mix of drugs and alcohol can enhance impairment, said Bonney.

Blau pleaded “not guilty” to five charges including felony counts of motor vehicle homicide under the influence of drugs and alcohol at her arraignment in Stoughton District Court on Monday. She was held on $500,000 cash bail.

Krowski disputed the effectiveness of drug recognition experts, saying a police officer can’t be taught in a “couple of weeks” to accurately determine if someone is impaired.

The Los Angeles Police Department started the program in the early 1970s when officers found many individuals arrested for OUI had very low or zero alcohol concentrations – but police lacked the knowledge and skills to support their suspicions the person was still impaired, according to the Drug Evaluation and Classification Program.

Stoughton’s Lt. Bonney is one of just five such officers in the greater Brockton area and often responds to crashes as a drug recognition expert.

“In the time (Bonney) has been a DRE and done an evaluations, he has a 100 percent success rate in predicting what drug that person was under,” said Devine.